Appellate Division: Second Judicial Department

M164486

E/sl

REINALDO E. RIVERA, J.P.

PETER B. SKELOS

CHERYL E. CHAMBERS

LEONARD B. AUSTIN, JJ.

2013-03363 In the Matter of Anthony Rucano, appellant, v Richmond County District Attorney, etc., respondent. (Index No. 80275/12)

DECISION & ORDER ON MOTION

Motion by the appellant to recall and vacate so much of a decision and order on motion of this Court dated June 6, 2013, as dismissed an appeal from an order of the Supreme Court, Richmond County, dated February 19, 2013, for leave to appeal to this Court from the order dated February 19, 2013, for poor person relief, and for the assignment of counsel.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branches of the motion which are to recall and vacate so much of the decision and order on motion of this Court dated June 6, 2013, as dismissed the appeal, and for leave to appeal, are granted, so much of the decision and order on motion of this Court dated June 6, 2013, as dismissed the appeal is recalled and vacated, the appeal is reinstated, and leave to appeal is granted; and it is further,

ORDERED that the branch of the motion which is for leave to prosecute the appeal on the original papers is granted, and the appeal will be heard on the original papers (including the transcript of the proceedings, if any) and on the briefs of the parties, who are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,

ORDERED that the motion is otherwise denied.

RIVERA, J.P., SKELOS, CHAMBERS and AUSTIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court